eco shield pest control, inc. dba eco shield pest … · 2020-03-27 · eco shield pest control...

BEFORE THE STRUCTURAL PEST CONTROL BOARD DEPARTMENT OF CONSUMER AFFAIRS

N STATE OF CALIFORNIA w

In the Matter of the Accusation Against:

U ECO SHIELD PEST CONTROL, INC. DBA ECO SHIELD PEST CONTROL GREGORY R. NYGREN, PRESIDENT ROBERT D. CARDON, VICE PRESIDENT MATTHEW RYAN HAGBERG, QUALIFYING MANAGER 3741 Merced Drive, Ste. F Riverside, CA 92503

10 Company Registration Certificate No. PR 6272

11 Operator's License No. OPR 12590

12 Branch Office Registration No. BR 5302 9037 Owensmouth Avenue

13 Chatsworth, CA 91311

14 Branch Office Registration No. BR 5400 3463 Ramona Avenue, Suite #20

15 Sacramento, CA 95826

16 Branch Office Registration No. BR 5445 22651 Lambert Street, Suite #108

17 Lake Forest, CA 92630

18 Branch Office Registration No. BR 5446 3991 First Street, Suite F

19 Livermore, CA 94551

20 Branch Office Registration No. BR 5474 1195 Linda Vista Drive, Suite E

21 San Marcos, CA 92078

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Case No. 2017-72

OAH No. 2017080275

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STIPULATED SETTLEMENT REGARDING RESPONDENT ECO SHIELD PEST CONTROL, INC. AND MATTHEW RYAN HAGBERG (2017-72)

and

JESUS DE LARA 3741 Merced Drive, Ste. F

w Riverside, CA 92503

A Field Representative License No. FR 44208

Respondents.

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DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Structural Pest Control Board, Department of Consumer Affairs, as its Decision in this matter. 10

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This Decision shall become effective on _ March 1, 201812

It is so ORDERED January 30, 201813

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FOR THE STRUCTURAL PEST CONTROL BOARD15 DEPARTMENT OF CONSUMER AFFAIRS

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XAVIER BECERRA Attorney General of California

N GREGORY J. SALUTE Supervising Deputy Attorney General

KAREN L. GORDONW Deputy Attorney General State Bar No. 137969

600 West Broadway, Suite 1800 un San Diego, CA 92101

P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9427 Facsimile: (619) 645-206

Attorneys for Complainant

RECEIVED STRUCTURAL PEST CONTROL BOARD

2017 DEC 26 AM 10: 07

BEFORE THE 10 STRUCTURAL PEST CONTROL BOARD

DEPARTMENT OF CONSUMER AFFAIRS 11 STATE OF CALIFORNIA

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In the Matter of the Accusation Against:13

ECO SHIELD PEST CONTROL, INC. DBA 14 ECO SHIELD PEST CONTROL

GREGORY R. NYGREN, PRESIDENT 15 ROBERT D. CARDON, VICE PRESIDENT

MATTHEW RYAN HAGBERG, 16 QUALIFYING MANAGER

3741 Merced Drive, Ste. F 17 Riverside, CA 92503

18 Company Registration Certificate No. PR 6272 Operator's License No. OPR 12590

19

Branch Office Registration No. BR 530220 9037 Owensmouth Avenue

21 Chatsworth, CA 91311

22 Branch Office Registration No. BR 5400 3463 Ramona Avenue, Suite #20

23 Sacramento, CA 95826

24 Branch Office Registration No. BR 5445 22651 Lambert Street, Suite #108

25 Lake Forest, CA 92630

26 Branch Office Registration No. BR 5446 3991 First Street, Suite F

27 Livermore, CA 94551

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Case No. 2017-72

OAH No. 2017080275

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER REGARDING RESPONDENT ECO SHIELD PEST CONTROL, INC. DBA ECO SHIELD PEST CONTROL AND MATTHEW RYAN HAGBERG


6

Branch Office Registration No. BR 5474 1195 Linda Vista Drive, Suite E

N San Marcos, CA 92078

W and

JESUS DE LARA 3741 Merced Drive, Ste. F Riverside, CA 92503

Field Representative License No. FR 44208

Respondents.

RECEIVEDSTRUCTURAL PEST CONTROL BOARD

2017 DEC 26 AM 10: 07

In the interest of a prompt and speedy settlement of this matter, consistent with the public

10 interest and the responsibility of the Structural Pest Control Board of the Department of

11 Consumer Affairs (Board), the parties hereby agree to the following Stipulated Settlement and

12 Disciplinary Order which will be submitted to the Board for approval and adoption as the final

13 disposition of the Accusation solely with respect to the Eco Shield Pest Control, Inc. dba Eco

14 Shield Pest Control (Respondent Eco Shield) and Matthew Ryan Hagberg (Respondent Hagberg).

15 This stipulation does not apply to Jesus De Lara (Respondent De Lara).

16 PARTIES

17 1 . Susan Saylor (Complainant) is the Registrar/Executive Officer of the Board. She

18 brought this action solely in her official capacity and is represented in this matter by Xavier

19 Becerra, Attorney General of the State of California, by Karen L. Gordon, Deputy Attorney

20 General.

21 2. Respondents Eco Shield and Hagberg are represented in this proceeding by attorney

22 Scott J. Harris, whose address is: 8383 Wilshire Blvd., Suite 830, Beverly Hills, CA 90211.

23 3. On or about April 12, 2011, the Board issued Company Registration Certificate No.

24 PR 6272 in Branch 2 to Respondent Eco Shield Pest Control, Inc. doing business as Eco Shield

25 Pest Control (Respondent Eco Shield). On June 22, 2015, Company Registration Certificate No.

26 PR 6272 was upgraded to include Branches 2 and 3', and reflected Matthew Ryan Hagberg as the

27 Branch 3 authorizes control of Wood Destroying Organisms (WDO) with use of

28 insecticides, preparation of inspection reports, and performing structural repairs.

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Qualifying Manager. Gregory R. Nygren, President, and Robert D. Cardon, Vice-President, each

N hold a 50 percent ownership share in Eco Shield. The Company Registration Certificate was in

full force and effect at all times relevant to the charges brought herein.

4. The following Branch Office Registrations issued to Eco Shield were in full force and

effect at all times relevant to the charges brought herein:

a. On July 6, 2012, the Board issued Branch Office Registration No. BR 5302 in

Branch 2 to Eco Shield. On June 22, 2015, the Branch Office Registration was upgraded toJ

include Branches 2 and 3. Michael A. Silva is the current Branch Office Supervisor.

b. On April 17, 2014, the Board issued Branch Office Registration No. BR 5400

10 in Branch 2 to Eco Shield. On June 22, 2015, the Branch Office Registration was upgraded to

11 include Branches 2 and 3. Matthew Taggart Brown is the current Branch Office Supervisor.

12 c, On July 31, 2015, the Board issued Branch Office Registration No. BR 5445 in

13 Branches 2 and 3 to Eco Shield. Matthew Taggart Brown is the current Branch Office

14 Supervisor.

15 d. On July 31, 2015, the Board issued Branch Office Registration No. BR 5446 in

16 Branches 2 and 3 to Eco Shield. Eric A. Chavez is the current Branch Office

17 Supervisor.

18 e. On May 25, 2016, the Board issued Branch Office Registration No. BR 5474 in

19 Branches 2 and 3 to Eco Shield. Matthew Ryan Hagberg is the current Branch Office Supervisor.

20 On or about September 23, 2013, the Board issued Operator's License Number OPR

21 12590 in Branch 2 to Matthew Ryan Hagberg (Respondent Hagberg), as an employee of Eco

22 Shield. On April 4, 2014, Operator's License No. OPR 12590 was upgraded to include Branches

23 2 and 3. On June 22, 2015, Hagberg became the Qualifying Manager in Branches 2 and 3 for Eco

24 Shield. The Operator's License was in full force and effect at all times relevant to the charges

25 brought herein and will expire on June 30, 2019, unless renewed. 2017 DEC 26 AM 10: 0

26 111 CONTROL BOASTRUCTURAL

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6. On or about July 10, 2007, the Board issued Applicator's License No. RA 47670 in

N Branches 2 and 3 to Jesus De Lara (Respondent De Lara). On April 3, 2009, Applicator's

w License No. RA 47670 was downgraded to Branch 2 due to the issuance of a Branch 3 Field

+ Representative License. Applicator's License No. RA 47670 was cancelled on July 11, 2011

when Respondent De Lara was issued a Branch 2 and 3 Field Representative License.

7. On or about April 3, 2009, the Board issued Field Representative License Number

FR 44208 to Jesus De Lara (Respondent De Lara). The Field Representative License Number FR

44208 issued to Respondent De Lara expired on June 30, 2017, and has not been renewed.

9 JURISDICTION

10 8. Accusation No. 2017-72 was filed before the Board, and is currently pending

11 against Respondents. The Accusation and all other statutorily required documents were properly

12 served on Respondents on July 6, 2017. Respondents timely filed their Notice of Defense

13 contesting the Accusation,

14 9 . A copy of Accusation No. 2017-72 is attached as Exhibit A and incorporated

15 herein by reference.

16 ADVISEMENT AND WAIVERS

17 10. Respondents Eco Shield and Hagberg have carefully read, fully discussed with

18 counsel, and understand the charges and allegations in Accusation No. 2017-72. Respondents Eco

19 Shield and Hagberg have also carefully read, fully discussed with counsel, and understand the

20 effects of this Stipulated Settlement and Disciplinary Order.

21 11. Respondents Eco Shield and Hagberg are fully aware of their legal rights in this

22 matter, including the right to a hearing on the charges and allegations in the Accusation; the right

23 to confront and cross-examine the witnesses against them; the right to present evidence and to

24 testify on their own behalf; the right to the issuance of subpoenas to compel the attendance of

2 witnesses and the production of documents; the right to reconsideration and court review of an

26 adverse decision; and all other rights accorded by the California Administrative Procedure Act

27 CONTROL BOARDand other applicable laws. STRUCTURAL PES

28 111 LO :01 WV 92 930 LIOZ

STIPULATED SETTLEMENT REGARDING RESPONDENT ECO SHIELDPEST CONTROL, INC. AND MATTHEW RYAN HAGBERG (2017-72)

RECEIVED STRUCTURAL PEST

CONTROL BOARD 12 Respondent Eco Shield and Respondent Hagberg voluntarily, knowingly, and

2017 DEC 26 AM 10: 07intelligently waive and give up each and every right set forth above.

CULPABILITY

A 13. Respondent Eco Shield and Respondent Hagberg admit the truth of each and every

charge and allegation in Accusation No. 2017-72.

14. Respondent Eco Shield and Respondent Hagberg agree that their Company

Registration Certificate and Operator's License are subject to discipline and they agree to be

bound by the Board's probationary terms as set forth in the Disciplinary Order below. .

CONTINGENCY

10 15. This stipulation shall be subject to approval by the Board. Respondent Eco Shield

11 and Respondent Hagberg understand and agree that counsel for Complainant and the staff of the

12 Structural Pest Control Board may communicate directly with the Board regarding this stipulation

13 and settlement, without notice to or participation by Respondents or their counsel. By signing the

14 stipulation, Respondent Eco Shield and Respondent Hagberg understand and agree that they may

15 not withdraw their agreement or seek to rescind the stipulation prior to the time the Board

16 considers and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order,

17 the Stipulated Settlement and Disciplinary Order shall be of no force or effect, except for this

18 paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not

19 be disqualified from further action by having considered this matter.

20 16. The parties understand and agree that Portable Document Format (PDF) and

21 facsimile copies of this Stipulated Settlement and Disciplinary Order, including PDF and

22 facsimile signatures thereto, shall have the same force and effect as the originals.

23 17. This Stipulated Settlement and Disciplinary Order is intended by the parties to be

24 an integrated writing representing the complete, final, and exclusive embodiment of their

2 agreement. It supersedes any and all prior or contemporancous agreements, understandings,

26 discussions, negotiations, and commitments (written or oral). This Stipulated Settlement and

27 Disciplinary Order may not be altered, amended, modified, supplemented, or otherwise changed

28 except by a writing executed by an authorized representative of each of the parties.

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RECEIVED STRUCTURAL PEST

CONTROL BOARD In consideration of the foregoing admissions and stipulations, the parties agree that

2017 DEC 28 AM 10: 07 2 the Board may, without further notice or formal proceeding, issue and enter the following

w Disciplinary Order:

+ DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Company Registration Certificate No. PR 6272 and

Branch Office Registration Nos. BR 5302, BR 5400, BR 5445, BR 5446 and BR 5474 in

Branches 2 and 3 issued to Respondent Eco Shield are revoked, however, said revocations areJ

00 stayed and said registrations are placed on probation for three (3) years on the following terms

and conditions.

10 IT IS HEREBY FURTHER ORDERED that Operator's License No. OPR 12590, in

11 Branches 2 and 3 issued to Respondent Matthew Ryan Hagberg is revoked, the revocation is

12 stayed and Respondent is placed on probation for three (3) years on the following terms and

13 conditions.

14 Obey All Laws. Respondents shall obey all Federal, State and local laws and all

15 laws and rules relating to the practice of structural pest control."

16 2. Quarterly Reports. Respondents shall file quarterly reports with the Board

17 during the period of probation.

18 3. Tolling of Probation. Should Respondent Hagberg leave California to reside

19 outside this state, Respondent Hagberg must notify the Board in writing of the dates of departure

20 and return. Periods of residency or practice outside the state shall not apply to reduction of the

21 probationary period.

22 4. Notice to Employers. Respondent Hagberg shall notify all present and prospective

23 employers of the decision in Case No. 2017-72 and the terms, conditions and restriction imposed

24 on Respondent by said decision.

25 Within 30 days of the effective date of this decision, and within 15 days of Respondent

26 Hagberg undertaking new employment, Respondent Hagberg shall cause his employer to report to

27 the Board in writing acknowledging the employer has read the decision in Case No. 2017-72.

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5. Notice to Employees. Respondent Eco Shield shall, upon or before the effective

N date of this decision, post or circulate a notice to all employees involved in structural pest control

w operations which accurately recite the terms and conditions of probation. Respondent Eco Shield

A shall be responsible for said notice being immediately available to said employees. "Employees"

un as used in this provision includes all full-time, part-time, temporary and relief employees and

6 independent contractors employed or hired at any time during probation.

6. Completion of Probation. Upon successful completion of probation,

Respondents' license and certificates will be fully restored.

7 . Violation of Probation. Should Respondents violate probation in any respect, the

10 Board, after giving Respondents notice and an opportunity to be heard, may revoke probation and

carry out the disciplinary order which was stayed. If a petition to revoke probation is filed against $10: 07

*c12 Respondents during probation, the Board shall have continuing jurisdiction until the matter is CEIVED

or 13cu final, and the period of probation shall be extended until the matter is final.

8. Random Inspections. All Respondents in each office and branch office locationTRUCTURA

shall reimburse the Board for one random inspection per quarter by Board specialists during the

16 period of probation not to exceed $125.00 per inspection.

17 9. Prohibited from Serving as Officer, Director, Associate, Partner or

18 Qualifying Manager. Respondents Nygren, Cardon, and Hagberg are prohibited from serving as

19 officers, directors, associates, partners, qualifying managers or branch office managers of any

20 California registered company other than Eco Shield Pest Control, Inc. dba Eco Shield Pest

21 Control during the period that discipline is imposed on Company Registration Certificate No. PR

22 6272 and Operator's License No. OPR 12590.

23 10. No Interest In Any Registered Company. Respondents Nygren, Cardon, and

24 Hagberg shall not have any legal or beneficial interest in any California company currently or

hereinafter registered by the Board other than Eco Shield Pest Control, Inc. dba: Eco Shield Pest

26 Control during the period that discipline is imposed on Company Registration Certificate No. PR

27 6272 and Operator's License No. OPR 12590.

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11. Costs. Pursuant to Section 125.3 of the California Business and Professions Code,

N Respondents shall jointly and severally pay to the Board investigation and enforcement costs in

the amount of $5,961.76 according to a payment schedule that has been approved by the Boardw

A with the final payment due no later than three (3) months prior to the end of the probation term.

Failure to make a timely payment according to the payment schedule, and/or failure to complete

O payment of cost recovery, shall constitute a violation of probation. Probation shall not be

terminated until all costs are paid in full.

0o 12. Wood Destroying Organisms Reports. Prior to the effective date of the

10 decision, Respondents shall file with the Board all unreported Wood Destroying Organisms

10 (WDO) activities, including, but not limited to, inspection reports, limited reports, corrected

11 reports, and work completed reports. Failure to provide any or all records shall be considered a

12 violation of probation and will constitute grounds for revocation.

13 13. Take and Pass Licensure Examination. Respondent Hagberg shall take and pass

14 the Branch 3 Operator's Examination currently required of new applicants for Branch 3

15 Operator's License. The examination shall be taken on regularly scheduled dates. Respondent

16 shall pay the established examination fee. Company Registration Certificate No. PR 6272 and

17 Branch Office Registration Nos. BR 5302, BR 5400, BR 5445, BR 5446 and BR 5474 shall be

18 suspended in Branch 3 until Respondent Hagberg successfully passes the Branch 3 operator

19 exam.

20 14. Restoration Bond. Pursuant to Business and Professions Code section 8697.3, as

21 a condition of reinstating the company registration and branch office registrations, Eco Shield

22 Pest Control, Inc. dba Eco Shield Pest Control, shall file a surety bond in the sum of $17,000 due

23 on or before the effective date of the decision. The bond required by this section shall be in

24 addition to the bond required by section 8697. Respondent shall post such bond with the Registrar

25 for the duration of the probation.

26 1 1 2017 DEC 26 AM 10: 07

27 111 CONTROL BOARD STRUCTURAL PEST

28 RECEIVED


https://5,961.76

ACCEPTANCE

N We have carefully read the above Stipulated Settlement and Disciplinary Order and have

fully discussed it with our attorney, Scott J. Harris. We understand the stipulation and the effectw

it will have on the Company Registration Certificate and Branch Office Registrations issued to

Respondent Eco Shield and the Operator's License issued to Respondent Hagberg. We enter into

6 this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and

agree to be bound by the Decision and Order of the Structural Pest Control Board.

DATED: GREGORY R NYGREN, President

10 ECO SHIELD PEST CONTROL Respondent

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DATED: 12/18/17 ROBERT IX CARDON, Vice President ECO SHIELD REST CONTROL Respondent

DATED: RECEIVED MATTHEW RYAN HAGBERG, Qualifying

ManagerCONTROL BOARDSTRUCTURAL PEST ECO SHIELD PEST CONTROL Respondent201 POEC 26 AMID: 07

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19 APPROVAL

20 I have read and fully discussed with Respondents Gregory R. Nygren, President; Robert

21 D. Cardon, Vice President; and Matthew Ryan, Qualifying Manager of Eco Shield Pest Control,

22 the terms and conditions and other matters contained in the above Stipulated Settlement and

23 Disciplinary Order. I approve its form and content.

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25 DATED: 12/18 / 17 SCOTT J. HARRIS

26 Attorney for Respondents

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RECEIVEDSTRUCTURAL PEST CONTROL BOARD

2017 DEC 26 AM 10: 07ACCEPTANCE

We have carefully read the above Stipulated Settlement and Disciplinary Order and haveN

fully discussed it with our attorney, Scott J. Harris. We understand the stipulation and the effect


Respondent Eco Shield and the Operator's License issued to Respondent Hagberg. We enter into

this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and

agree to be bound by the Decision and Order of the Structural Pest Control Board.

DATED:

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12 DATED:

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15 DATED: 12/18/ 201 7 16

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GREGORY R. NYGREN, President ECO SHIELD PEST CONTROL Respondent

ROBERT D. CARDON, Vice President ECO SHIELD PEST CONTROL

MATTHEW RYAN HAGBERG, QualifyingManager ECO SHIELD PEST CONTROL Respondent

APPROVAL

20 I have read and fully discussed with Respondents Gregory R. Nygren, President; Robert

21 D. Cardon. Vice President; and Matthew Ryan, Qualifying Manager of Eco Shield Pest Control,

22 the terms and conditions and other matters contained in the above Stipulated Settlement and

23 Disciplinary Order. I approve its form and content.

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25 DATED:

26 SCOTT J. HARRIS Attorney for Respondents

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STIPULATED SETTLEMENT REGARDING RESPONDENT ECO SHIELD PEST CONTROL, INC. AND

MATTHEW RYAN HAGBERG (2017-72)

ACCEPTANCE 2017 DEC 26 At 10: 07 We have carefully read the above Stipulated Settlement and Disciplinary Order and have

fully discussed it with our attorney, Scott J. Harris. We understand the stipulation and thereflect


Respondent Eco Shield and the Operator's License issued to Respondent Hagberg, We enter into

this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and

agree to be bound by the Decision and Order of the Structural Pest Control Board!

DATED 28 10

DATED:12

1.3

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$15 DATED:

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GREGORY R. NYGRE., President ECO SHIELD PEST CONTROL Respondent

ROBERT D. CARDON, Vice President ECO SHIELD PEST CONTROL Respondent

MATTHEW RYAN HAGBERG, Qualifying Manager ECO SHIELD PEST CONTROL Respondent

APPROVAL

20 I have read and fully discussed with Respondents Gregory R. Nygren, President, Robert

ID Cardon, Vice President, and Matthew Ryan, Qualifying Manager of Eco Shield Pest Control,

the terms and conditions and other matters contained in the above Stipulated Settlement and

Disciplinary Order. Iapprove its form and content

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25 DATED: SCOTTI. HARRIS

26 Attorney for Respondents

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ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Structural Pest Control Board.

A DATED: XAVIER BECERRA12-18-12

UI Attorney General of California GREGORY J. SALUTE Supervising Deputy Attorney General

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KAREN L. GORDON Deputy Attorney General Attorneys for Complainant

10 SD2017704791 81901073.docx

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2017 DEC 26 AM 10: 0716 STRUCTURAL PESTCONTROL BOARD

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eco shield pest control, inc. dba eco shield pest … · 2020-03-27 · eco shield pest control...

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